Nursing home malpractice is when a facility or its staff fails to provide the appropriate level of care, and a resident experiences harm as a result. While associated with abuse and neglect, by definition, nursing home malpractice is a breach of the duty to provide professional care.
You can prove nursing home malpractice by establishing that the home or staff member owed a duty of care, they failed to meet that duty in a manner consistent with what other professionals would do, and you or your loved one experienced real damages as a result of their failure.
If your loved one was the victim of malpractice in a nursing home, it’s smart to get help from a nursing home abuse lawyer in Chicago.
What Is Nursing Home Malpractice?
Nursing homes are legally obligated to follow federal and state care standards. Malpractice is negligence by professional healthcare providers in a nursing home setting. While this can happen in many different ways, some common examples include:
- Neglecting medical needs
- Improper hygiene or unsafe living conditions
- Failing to prevent falls or injuries
- Failing to prevent bedsores also known as pressure ulcers
- Failing to provide food and water
- Failing to timely identify and treat conditions
- Poorly managed chronic conditions
- Errors during medical procedures
Is Nursing Home Neglect the Same as Abuse?
Neglect is primarily a civil claim, but can also lead to criminal charges. With the help of an attorney, you can seek damages for medical bills, pain and suffering, and other losses. Abuse may also give rise to a civil claim, but nursing homes and their staff can face criminal charges and disciplinary action.
How Can You Prove Nursing Home Neglect & Abuse?
All licensed professionals, whether employed by the nursing home or acting as third-party providers, are required to provide appropriate care to nursing home residents. To prove malpractice, our attorneys must establish the four elements of negligence:
- Duty of Care: We must show that the nursing home or healthcare provider had a legal responsibility to care for the resident. This duty exists for all nursing home residents by definition.
- Breach of Duty: We will demonstrate that the provider failed to meet the applicable standard of care. Evidence may include medical records, progress notes, and care plans.
- Causation: We must establish a direct connection between the breach of duty and the harm suffered by the resident. However, causation alone is not enough.
- Damages: To file a successful claim, we must show that the resident suffered actual harm, such as physical or psychological damages or even death.
What Should You Do If You Suspect Nursing Home Malpractice?
If you suspect malpractice, abuse, or neglect in a nursing home, it is important to speak up. Consult our legal team as soon as possible. Nursing home malpractice claims are complex. We can protect your rights and stand up for your loved one. Additional actions to take include:
- Document the malpractice to the best of your ability by keeping a clear written record of incidents and injuries as they occur.
- Take photographs or videos
- Report specific incidents or your general concerns to the Illinois Department of Public Health or the appropriate authorities in your state that are responsible for nursing home oversight.
- Notify Adult Protective Services when abuse or neglect is suspected, or report your concerns to your ombudsman.
- Inform the nursing home administration in writing so there is an official record of your concerns.
- Insist on medical attention to ensure the resident receives proper care for any harm suffered.
- Consider moving your loved one to another facility.
Get Help With Your Nursing Home Malpractice Case
A breach of professional duties on behalf of a nursing home or its staff that results in harm is considered malpractice. You can prove it by establishing a breach of professional responsibilities based on an owed duty of care and showing real damages suffered.
This isn’t the way you wanted things to go with a nursing home admission. You have the right to hold the home and its staff accountable for this violation of your trust. Our attorneys with great experience in nursing home abuse and neglect, as well as medical malpractice, can help.
Shore Law has a proven track record of results and success in nursing home and assisted living cases. Founding attorney, Megan Shore, is a leader in nursing home abuse and neglect cases and a qualified expert witness. We have recovered more than $250 million in awards and settlements for victims and their families. Contact our team today to schedule a free consultation and tell us what happened.
